Parmalat Australia Pty Ltd T/A Parmalat Australia

[2018] FWCA 794

[2018] FWCA 794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia
(AG2018/38)

PARMALAT AUSTRALIA PTY LTD - (DARWIN OPERATIONS) AND THE TRANSPORT WORKERS UNION (SA/NT) ENTERPRISE AGREEMENT 2018

Northern Territory
COMMISSIONER JOHNS	SYDNEY, 6 FEBRUARY 2018

Application for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018.

[1] On 3 January 2018 Parmalat Australia Pty Ltd T/A Parmalat Australia (Applicant) made an application for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, Transport Workers’ Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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Annexure A